While many job applicants may not think twice about checking “no” when asked if they have ever been convicted of a criminal offense on a job application, for millions of Americans, this question could end their chances of being hired.
One in three Americans — or 77 million — have a criminal record, according to the National Conference of State Legislatures. Yet as employers look to grow their talent pool, these candidates often get overlooked. ‘Ban-the-box’ laws, which ban employers from asking about an applicant’s criminal record before at least the initial interview, are hoping to rewrite the hiring process.
Today, 37 states and over 150 cities and counties have adopted these laws. The hope is that the legislation will break down barriers both during the job hunt and in the way society views those with a criminal background, says Fernanda Anzek, managing director of HR and DEI services at Insperity, an HR resources provider.
“Since there’s no federal law, ban-the-box is really a national campaign,” Anzek says. “The goal is to remove the stigma associated with someone’s background, and give all applicants a fair chance at employment.”
Ban-the-box laws trace back to 1998, when Hawaii passed a law that prohibited employers from considering a candidate’s criminal history until they were given a job offer. A decade later, Minnesota adopted a similar law, officially putting the campaign into motion. Now states like California, Connecticut, Massachusetts, New Jersey, New...
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